There are many books on the market about religion in American thought and history, but the idea for a collection of essays focused directly upon pragmatist reconstructions of religious belief and sentiment is overdue. Stuart Rosenbaum’s reader admirably fills this need, and is bound to bring fresh insights to students and advanced researchers alike.

This article reconstructs the main arguments in John Locke’s first political writings, the highly rhetorical, and often obscure, Two Tracts on Government . The Tracts support the government’s right to impose religious ceremonies on its people, an astonishing fact given Locke’s famous defense of toleration in his later works. The reconstruction of the Tracts developed here allows us to see that rather than a pessimistic view of the prospects for peace under religious diversity, what mainly animates the young Locke is (...) a desire to defend the rule of law against an anarchical conception of religious freedom. The article also argues that the evolution of Locke’s thinking on religious freedom was in large part governed by Locke’s attempt to interpret religious freedom in a way that avoids its having anarchical implications. (shrink)

Religious freedom is often thought to protect not only religious practices but also the underlying religious beliefs of citizens. But what should be said about religious beliefs that oppose religious freedom itself or that deny the concept of equal citizenship? The author argues here that such beliefs, while protected against coercive sanction, are rightly subject to attempts at transformation by the state in its expressive capacities. Transformation is entailed by a commitment to publicizing the reasons and principles that justify the (...) basic rights of citizens. (shrink)

This essay on law and religion appears in the second edition of the Blackwell Companion to Philosophy of Law and Legal Theory, edited by Dennis Patterson. It is a revision of a similar entry in the book’s first edition. The essay opens by broadly discussing the complex relationships between law and religion writ large as movements in human history – social, cultural, intellectual, and institutional phenomena with distinct but often overlapping logics and concerns. It then hones in on the efforts (...) of secular law to make sense of religion and determine its place in the civil state. The essay argues that, while the questions raised by the American Bill of Rights’ religion clauses connect in some important respects to broader constitutional principles such as free expression and equality, the most interesting and theoretically excruciating conundrums involving religion need to be approached on their own unique terms. Two useful rubrics for such understanding are “separation” and “deference.” Any honest account must also admit, however, that there is an “intractable residue,” questions in the relation of religion and law to which there simply is no determinate or completely satisfactory answer. Finally, the essay emphasizes that the full texture of the legal imagination’s effort to grapple with religion only becomes apparent in the wider range of subconstitutional and nonconstitutional contexts beyond the standard litany of constitutional discourse. (shrink)

The attraction between religion and politics is perennial. Sometimes, in its long and checkered history, it has led to an adulterous affair. I want to ask what lies at the heart of this attraction, and whether that can shed any light on the current religious/political scene. But the romance metaphor is at bottom not a good one. I shall argue that, in their originary condition, religion and politics are "closer," both ontologically and in their motivation, than woman and man, closer (...) than siblings. Perhaps the image of siamese identical twins would serve best as a figure for the union which binds together these domains, in spite of the peculiar political history which has, in the West and especially in this country, attempted to sunder them. Let me emphasize right here that my project is a descriptive one: I am seeking a deeper understanding of the phenomena, not attempting to develop a prescriptive or normative position concerning what is to be done. Indeed, I shall only be able to sketch the outlines of the descriptive position I shall propose. (shrink)

The last chapter of Spinoza's Theological-Political Treatise (TTP) is a brief for freedom of religion. In our enthusiasm for Spinoza's conclusion it is easy to overlook the blatant contradiction between this thesis and the central claim of the immediately preceding chapter that "right over matters of religion is vested entirely in the sovereign." There Spinoza emphasizes the necessity that there be but one sovereign in the state and the threat that autonomous religious authorities would pose to the authority of this (...) sovereign. This last claim is, in turn, bolstered by his analysis of the deficiencies of the Hebrew state in the chapter before, chapter 18, according to which it was the usurpation of political authority by priests that ultimately undermined the state. In other words, in chapters 18 and 19, Spinoza makes the case for the strict political control of religion only to conclude his treatise by arguing, in chapter 20, that the purpose of the state is, in reality, freedom and that that freedom manifests itself, in part, in freedom of religion. How could this latter not pose exactly the sort of threat to the sovereign and the state that leads Spinoza to insist on the sovereign's absolute control of religion? How can Spinoza insist that religion be both free and controlled by the state? This paper aims to answer this question and, in the process, explains a number of troubling features of the Theological-Political Treatise. (shrink)

This paper examines whether religious reasons have a legitimate place in a liberal democracy's policy debates. Robert Audi, building from Rawlsian themes, contends that civic virtue obliges religious citizens who advocate for public policies to have sufficiently motivating secular reasons. Others contend it's unfair to exclude reasonable citizens from policy debates merely because their only reasons are religious ones. This essay seeks to reconcile the intuitions behind these competing views. I examine Audi's account of the differences between religious and secular (...) reasons to determine why he believes religious reasons are inappropriate to justify coercive policies. Of the distinctions he discusses, only one -- religious reasons are often grounded in an infallible authority -- is relevant for distinguishing suitable from unsuitable policy justifications. I develop an alternative to Audi's account: Individuals should refrain from bringing reasons held to be infallibly true to policy debates. On this view, not all religious reasons will warrant exclusion, though some may. (shrink)

In a number of recent federal court cases parents have sought to have their children exempted from certain school activities on the grounds that the children's participation in those activities violates their (the parents') right to freedom of religion. In Mozert v. Hawkin's County Public Schools (827 F. 2nd 1058) fundamentalist parents of several Tennessee public school children brought civil action against the school board for violating their constitutional right of freedom of religion. These parents sought to prevent their children (...) from exposure to beliefs or practices opposed to their (the parents') religious convictions. They claim that elementary school readers introduce ideas repugnant to their and their children's deeply held religious tenets. (shrink)

This is part of a symposium on conscientious objection and religious freedom inspired by the US Catholic Church's claim that being forced to pay for health insurance that covers abortions (the effect of 'Obamacare')is the equivalent of forcing pacifists to fight. This article takes issue with this claim, and shows that while it would be unjust on democratic principles to force pacifists to fight, given their willingness to serve their country in other ways, there is no democratic objection to forcing (...) those who believe abortion to be murder to pay for health insurance coverage that includes abortion. (shrink)

The aim of this paper is to present and analyse legal acts cited in the European Parliament resolution of 20 January 2011 on the situation of Christians in the context of freedom of religion. The author presents the substance of the right to religious freedom and the position of religious freedom among other human rights. The paper also shows the formation of European law on religious freedom and grasps the development trends in this area. Because of the discrepancies that arise (...) when translating the same foreign terms into the Polish language, in order to better explain the content of the cited documents, the texts are also given in English language. The article is the summary of basic legal regulations relevant to reflect on religious freedom at EU level. Compiled materials may be useful to continue the reflection on religious freedom. (shrink)

MacDougall has argued that Rawls’s liberal social theory suggests that parents who hold certain religious convictions can legitimately refuse blood transfusion on their children’s behalf. This paper argues that this is wrong for at least five reasons. First, MacDougall neglects the possibility that true freedom of conscience entails the right to choose one’s own religion rather than have it dictated by one’s parents. Second, he conveniently ignores the fact that children in such situations are much more likely to die than (...) to survive without blood. Third, he relies on an ambiguous understanding of what is "rational" and treats children as mere extensions of their parents. Fourth, he neglects the fact that those in the original position would seek to protect themselves from persecution and enslavement and thus would not allow groups of children to be killed because of their parents’ beliefs. Finally, Rawls makes it clear that we should choose for children as we would choose for ourselves in the original position, with no particular conception of the good (such as that held by Jehovah’s Witnesses). (shrink)

How far should religious practices be curtailed in pursuit of other social goals, such as equality and the removal of discrimination? This book reasons that religious freedom is one of our most precious freedoms, and essential to democracy, drawing on examples from across the Western world.

There are at present two ways in which to evaluate religiously-based claims to accommodation in the legal context. The first, objective approach holds that these claims should be grounded in « facts of the matter » about the religions in question. The second, subjective approach, is grounded in an appreciation by the courts of the sincerity of the claimant. The first approach has the advantage of accounting for the difference between two constitutional principles : freedom of conscience on the one (...) hand, and freedom of religion on the other. It has the disadvantage of transforming courts into expert bodies on religious matters. The subjective approach has a harder time accounting for the distinction. It also risks giving rise to a proliferation of claims. A plausible synthesis between the two approaches requires that we uncover the normative grounds justifying the granting by liberal democracies of religious accommodation. An analogous argument to that put forward by Kymlicka in the case of minority nations identifies the interest that citizens have in being able to exercise their « cultural agency » : the creative reappropriation and reinterpretation of the rituals, practices and norms of religious traditions. (shrink)

This paper discusses the Swiss minaret ban as a threat to equal citizenship rather than a threat to freedom of religion. The main argument of the paper is that cultural differences can threaten the fair value of equal political participation rights as well as socio-economic ones. These differences are morally troubling despite legitimate emphasis on the need for a shared (political) culture. To ensure that the state treats its citizens as equals with regard to cultural differences requires a form of (...) liberal neutrality which consists of two elements. Equal citizenship requires, first, justificatory neutrality in deciding which matters are legitimate concerns for legislation. It requires also—as a second safeguard—institutional arrangements which ensure that in the process of implementing justificatory neutral decisions the interests of all affected citizens receive a fair hearing. This means that the factors which tend to undermine the equal standing of citizens in society should be counteracted. (shrink)